Never attend an immigration hearing without preparing extensively. Missing a deadline, filing the wrong form, or forgetting to update your address can ruin your case.
These are five common immigration court mistakes people make and how to avoid them.
Missing Your Hearing
This is probably the biggest mistake you can make.
Missing your court hearing can lead to an in-absentia removal order, which means the judge orders you to be removed even though you weren’t there to defend yourself.
And it can be tough to fix such a mistake. You may be able to reopen the case, but the window is narrow, and the process is strict.
Why people miss hearings
- They moved and forgot to update their address.
- They misunderstood the notice, or the hearing got rescheduled without confirmation.
- They relied on bad information from a non-lawyer.
How to avoid it
- Double-check your hearing date, time, and location on every document.
- File Form EOIR-33 right away when you change your address.
- Keep copies of all hearing notices and NTAs.
- If you can’t attend, file a written motion for continuance and notify the court immediately.
Don’t assume the system will remind you about your court hearing. The Notice to Appear (NTA) may be the only document you get.
Appearing Without a Lawyer
Immigration law is technical. Walking into court alone or relying on non-lawyers is a path towards disaster.
People who go unrepresented are more likely to lose relief, sometimes just because they didn’t file the correct form, or because they missed a small procedural step.
Why it matters
- Many immigration benefits have filing deadlines you can’t fix once they pass.
- Lawyers know how to preserve appeal rights and prepare evidence properly.
If you can’t afford a lawyer
- Contact local non-profits or pro bono organizations early, or your local bar association.
- Attorneys on the ImmigrationQuestion.com network have the discretion to offer free services. Meet a licensed immigration attorney now.
- Don’t wait until your hearing is close. The earlier you get help, the better your chances.
Only licensed or accredited representatives can legally represent you in immigration court.
Filing Late or Filing Wrong
This may seem like a minor mistake, but it ruins cases every day.
Filing the wrong form, missing a deadline, or forgetting to include certified translations can cause delays or even dismissal. Immigration court doesn’t forgive mistakes easily, even minor ones.
What goes wrong
- People file documents in the wrong court or miss the filing deadline.
- They don’t serve copies to opposing counsel as required by the Executive Office for Immigration Review (EOIR) rules.
- They skip certified English translations.
How to avoid it
- Mark all filing deadlines on your calendar.
- Use certified mail or EOIR’s electronic filing system when possible.
- Always attach proof of service.
- Double-check local standing orders, as every court has its own rules.
Weak Evidence or Poor Translation
Your story might be true, but if you can’t prove it, it doesn’t matter in court.
Many mistakes in immigration court stem from weak evidence: missing documents, non-certified translations, or witnesses who weren’t prepared.
Common issues
- Submitting documents without English translations.
- Forgetting to authenticate evidence.
- Relying only on country reports without personal details.
- Witnesses contradicting themselves under pressure.
How to prepare
- Translate everything that’s not in English. EOIR requires it.
- Prepare witnesses by doing mock sessions to practice answers to the questions they are likely to face.
- Back up your claims with medical records, police reports, or expert declarations.
- Explain any missing evidence with a signed statement.
In immigration court, credibility is everything. Sloppy or inconsistent evidence hurts even the strongest cases.
Not Preserving Appeals or Filing Late
Any case can come to a quick end if you don’t preserve your right to appeal.
If the judge denies your case, you usually have a short window to appeal to the Board of Immigration Appeals (BIA). Missing it could mean your case is final.
Common mistakes
- Saying “no” when the judge asks if you want to appeal.
- Missing the BIA appeal deadline.
- Not raising specific legal issues at trial (so you can’t argue them later).
How to avoid it
- Always note on the record that you intend to appeal.
- File your Notice of Appeal within the BIA’s timeframe.
- If you discover new evidence later, consider a motion to reopen or reconsider.
Keep every notice, motion, and order organized. Immigration appeals depend on a clean record.
Prepare for Immigration Court with ImmigrationQuestion.com.
If you’re facing a hearing or need help understanding the process, reach out to a licensed attorney on the ImmigrationQuestion.com network.
You can also access our free immigration resources, where we break down immigration procedures in simple English.
Your immigration court hearing is too important to leave to chance. Go to ImmigrationQuestion.com now to get started.
Frequently Asked Questions
What will happen if I miss my immigration court hearing?
If you miss your hearing without permission, the judge can issue an in-absentia removal order. That means you could be ordered to be removed from the U.S. without ever presenting your case.
Can I go to immigration court without a lawyer?
You can, but it’s risky. Immigration law is complex, and one wrong move can cost you your case. If you can’t afford a lawyer, reach out to legal aid groups or non-profits. The ImmigrationQuestion.com attorney network consists of licensed U.S. attorneys who reserve the discretion to offer free legal services.
What if I file my documents late or in the wrong place?
Late or misplaced filings can lead to your case being dismissed. Always check the EOIR Practice Manual for the exact filing rules. Make sure you include certified translations and confirm that you filed correctly.
Why are certified translations so important?
EOIR requires them. Submitting documents in another language without certified translations can make your evidence invalid. Always attach a signed translator’s certification.
How can I make sure my evidence is strong?
Back up your story with documents, such as medical records, police reports, photos, and witness statements. Translate everything, organize it, and prepare witnesses ahead of time. Strong evidence builds credibility.
What if I disagree with the judge’s decision?
You can appeal to the BIA, but you have a limited time to do so, usually 30 days. Don’t waive your right to appeal without knowing the consequences.
Can a family member interpret for me?
It’s not recommended. Immigration courts use certified interpreters to ensure accuracy. If you need one, request it early and note your preferred language and dialect.
How can I avoid mistakes in immigration court?
Stay informed and get legal help. Keep your address updated and never assume deadlines will be extended. Preparation and representation can save you from a whole lot of trouble.
